Counterfeit Cigars

Another one bites the dust. On September 15, 2009, Lauro Perez was convicted in a cigar counterfeiting case by a Miami jury. Perez was marketing Cuban replicas of cigar brands such as Montecristo and Romeo y Julieta. However, Altadis U.S.A. owns the trademarks for said brands in the United States, and Perez violated their trademark rights. Labeling the cigars "Habana" or "Cuban Replicas" does not make them legal. Altadis, as well as other cigar makers, will continue to seek criminal prosecution of anyone who infringes on their trademark rights. Altadis has issued the following Notice to the Trade:

If we learn that any importer, distributor, retailer or other member of the Trade is dealing in counterfeit cigars or cigar packaging, we will proceed against the offender aggressively through civil and/or criminal channels. In addition to criminal prosecution, in appropriate cases, we will invoke the civil provision of the federal trademark law that allows courts to award trademark owners like Altadis U.S.A. up to $1 million in statutory (noncompensatory) damages per counterfeited mark, as well as their attorney's fees. We have been awarded damages and attorney's fees of $1 million to $2.25 million in such cases.

Altadis U.S.A. also continues to work successfully with U.S. Customs to arrange for the seizure and destruction of shipments of counterfeit cigars and packaging materials. Members of the Trade who have paid for cigars that turn out to be counterfeits and are thus seized by U.S. Customs should be aware that in such circumstances they will find themselves without recourse - counterfeiters do not refund monies nor are they in a position to make good with legitimate product with the quality and prestige of Altadis U.S.A.'s brands.